British passport after Settled status

[Nayyer1986]

Hi Everyone

Hope everyone on here is doing well .
I have finally been Granted a settlement status after 5 years of my marriage thanks for everyone on here for helping me before with my questions.
Now i have been told that i can apply for my British Passport after a month as i am married to a european union member ? Or do i need to wait for 12 months ?
Any help on this will be much appreciated.

Thanks in advance.

[kamoe]

I have finally been Granted a settlement status after 5 years of my marriage thanks for everyone on here for helping me before with my questions.
Now i have been told that i can apply for my British Passport after a month as i am married to a european union member ?

You are mixing things up.

First, having British Citizenship is not the same as having a British passport. Many British people by birth have never had a passport (e.g. if they never travel). You first need to apply for British Citizenship, and then, apply for a British passport. Two completely different processes.

Second, you might apply for British Citizenship immediately after obtaining Settled Status, if by the time of application you have been resident in the UK for at least 3 years, and you are married to a British Citizen (not a EU citizen). See this post.

[Nayyer1986]

I have finally been Granted a settlement status after 5 years of my marriage thanks for everyone on here for helping me before with my questions.
Now i have been told that i can apply for my British Passport after a month as i am married to a european union member ?

You are mixing things up.

First, having British Citizenship is not the same as having a British passport. Many British people by birth have never had a passport (e.g. if they never travel). You first need to apply for British Citizenship, and then, apply for a British passport. Two completely different processes.

Second, you might apply for British Citizenship immediately after obtaining Settled Status, if by the time of application you have been resident in the UK for at least 3 years, and you are married to a British Citizen (not a EU citizen). See this post.

Hi Thanks for you reply !!
Basically my wife was born in England but always had Irish passport so i applied under EEa route and got 5 years Visa after 2 years in court.
Then i applied for a settled status after 5 years of marriage . Which i was given within 4 weeks of applying . Settled status also known as Indefinite leave to remain.
As far as i knew that i can only apply for British Citizenship after 12 months of getting my settled or indefinite status under EU law.
But one of my friend has told me as i am a family member of a EU person (spouse)i can apply for citizenship straight away.
Hope this clarifies my question more in detail.
Thanks in advance.

[kamoe]

But one of my friend has told me as i am a family member of a EU person (spouse)i can apply for citizenship straight away.

Let me spell this out: Your friend is mistaken. There is no provision to accelerate this for spouses of EU nationals.

The only provision there is to shorten the period between getting ILR or Settled Status, and being eligible to apply for British Citizenship, is for spouses of British nationals, as I have explained above.

Check the list of requirement for British Citizenship here. It says:

You’re married to or in a civil partnership with a British citizen
To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.

You’ll also need to have one of the following:

• indefinite leave to remain

• settled status under the EU Settlement Scheme

• a permanent residence document to confirm you have permanent residence status

If you do, you’ll be eligible to apply for citizenship immediately.

No mention whatsoever of a similar provision for spouses of EU nationals. So unless your wife has British nationality herself (which is NOT acquired by simply being born in the UK), then you need to wait 12 months.

[Nayyer1986]

But one of my friend has told me as i am a family member of a EU person (spouse)i can apply for citizenship straight away.

Let me spell this out: Your friend is mistaken. There is no provision to accelerate this for spouses of EU nationals.

The only provision there is to shorten the period between getting ILR or Settled Status, and being eligible to apply for British Citizenship, is for spouses of British nationals, as I have explained above.

Check the list of requirement for British Citizenship here. It says:

You’re married to or in a civil partnership with a British citizen
To apply as the spouse or civil partner of a British citizen you must have lived in the UK for the last 3 years.

You’ll also need to have one of the following:

• indefinite leave to remain

• settled status under the EU Settlement Scheme

• a permanent residence document to confirm you have permanent residence status

If you do, you’ll be eligible to apply for citizenship immediately.

No mention whatsoever of a similar provision for spouses of EU nationals. So unless your wife has British nationality herself (which is NOT acquired by simply being born in the UK), then you need to wait 12 months.

Thanks for your reply and all the info much appreciated as always everyone on this platform helping people is great .

[JB007]

Basically my wife was born in England but always had Irish passport so i applied under EEa route and got 5 years Visa after 2 years in court.

If your wife was born in the UK to an Irish citizen parent, she was born British. She was British when you applied to be in the UK as a spouse of an EEA citizen.

[kamoe]

Basically my wife was born in England but always had Irish passport so i applied under EEa route and got 5 years Visa after 2 years in court.

If your wife was born in the UK to an Irish citizen parent, she was born British. She was British when you applied to be in the UK as a spouse of an EEA citizen.

Good point. Although... probably not the case, since he was able to get EEA documentation, and for that she needed to exercise treaty rights, yet if she was British, she was not in a country different from her own country of origin, therefore not exercised treaty rights (?)

There are other circumstances which could mean she was born with, or is eligible to apply for, British Citizenship.
But to figure that out, I would suggest the OP creates a new post detailing their spouse's circumstances, to determine this.

The original question of this post has been answered.

[JB007]

Basically my wife was born in England but always had Irish passport so i applied under EEa route and got 5 years Visa after 2 years in court.

If your wife was born in the UK to an Irish citizen parent, she was born British. She was British when you applied to be in the UK as a spouse of an EEA citizen.

Good point. Although... probably not the case, since he was able to get EEA documentation, and for that she needed to exercise treaty rights, yet if she was British, she was not in a country different from her own country of origin(?)

Perhaps tho OP just gave his wife's Irish citizenship and didn't say his sponsor was also a British citizen?

Irish citizen giving birth in the UK, means the baby is born British. UK citizen gving birth in Ireland, the baby is born Irish.

It looks like the OP might have brought his father to the UK. Under EU regs?
eea-route-applications/after-divorce-ri ... l#p1874750